Key Documents

Kuhn cleared, no charges against ex-candidate

In this file photo, Marion County Sheriff candidate Dan Kuhn answers questions while taking part in a question and answer session sponsored by Marion County League of Women Voters Wednesday night, July 18, 2012.

Published: Friday, December 28, 2012 at 2:23 p.m.

Last Modified: Friday, December 28, 2012 at 7:17 p.m.

Former Undersheriff Dan Kuhn will not be prosecuted for official misconduct in connection with the extramarital affair that crushed his chance to be Marion County's next sheriff.

Facts

Findings

• "Credible" evidence that Dan Kuhn had engaged in sexual activity with Melissa Cook at "inappropriate" times and locations. But no prosecution for alleged misuse of government resources.• Kuhn violated Sheriff's Office policies. Investigative costs will be deducted from his benefits.• Sheriff's Maj. David Sperring and Capt. Chip Wildy's failure to report the Kuhn affair breached the code of conduct and hurt the reputation of the agency.• Deputy Robert Youmans was cleared and returned to active duty.

State Attorney Bill Cervone in Alachua County released a letter on Friday saying he was declining to go after Kuhn for reportedly misusing Sheriff's Office resources and being on the clock while having sexual encounters with Melissa Cook, a former principal at a private school in Ocala.

Kuhn could not be reached for comment. He did not speak to investigators either.

Sheriff Ed Dean launched a two-pronged probe into Kuhn's activities after Charles Holloman, an Ocala lawyer representing Cook, filed a complaint that alleged Kuhn's trysts with her occurred while he was on duty and that he had transported her in county vehicles, or drove them to meet her.

Gov. Rick Scott appointed Cervone to handle the case after State Attorney Brad King in Marion County declared a conflict of interest.

In his letter, which was Cervone's response to Florida Department of Law Enforcement investigators, the prosecutor notes the inquiry uncovered "credible" evidence that Kuhn had engaged in sexual activity with Cook at "inappropriate" times and locations.

According to Cook's complaint, Kuhn's on-duty rendezvouses with Cook occurred within the Sheriff's Office headquarters complex, Kuhn's residence and the homes of fellow deputies, and a hotel in Jacksonville, to which Kuhn allegedly drove his official vehicle.

While no one "could reasonably condone that behavior," Cervone wrote, "I have determined that this inappropriate activity does not rise to the level of criminal conduct such as to warrant prosecution."

Cervone concludes that he could not muster the evidence, based on Kuhn's flexible work schedule and existing department policies, to prove he was compensated for work he did not perform.

Cervone added that the wear and tear on the county vehicle was minimal and was greatly outweighed by the cost of pursuing Kuhn for alleged misuse.

FDLE officials agreed with the decision to not pursue the case, according to Cervone's letter.

In a parallel inquiry conducted by the Sheriff's Office's Internal Affairs unit, Inspector Leo Smith found that allegations that Kuhn had violated department policies were substantiated.

Dean released Smith's report in conjunction with Cervone's letter.

Smith also determined that such violations could be assessed to Maj. David Sperring and Capt. Chip Wildy, as their failure to report the affair breached the code of conduct and hurt the reputation of the agency.

Dean suspended with pay Sperring, Wildy and a third deputy who was believed to have knowledge of the relationship, Robert Youmans.

"I'm happy that my name has been cleared in this matter and I'm looking forward to getting back to work," Youmans told the Star-Banner.

Dean said in his statement that Sperring and Wildy would remain on suspension until he had time to "thoroughly consider an appropriate response" to Smith's findings about their involvement in Kuhn's matter.

"In the meantime, however, I am willing to consider Major Sperring's and Captain Wildy's letters of resignation and early retirement in view of their length of service with the Sheriff's Office," Dean added.

Sperring and Wildy could not be reached for comment.

As for Kuhn, who resigned in early October, the sheriff said he would have tallied up whatever benefits might be due Kuhn and deduct any expenses that might be owed to the Sheriff's Office, including Smith's investigative costs.

Kuhn's alleged misdeeds came to light after Holloman produced for Dean an inch-think binder of statements and records outlining the times and places of Kuhn's meetings with Cook.

According to Smith's report, much of the internal investigation focused on the genesis of those documents.

Kuhn had won the Republican nomination for sheriff in August, taking 53 percent of the vote in the primary contest with Chris Blair, a 35-year veteran of the agency and the former head of its major crimes unit.

The revelation of the affair in early October drove Kuhn from the race. He also quit his post as the second-in-command at the Sheriff's Office.

Leaders of the county Republican Party subsequently selected Blair to replace Kuhn as the new GOP nominee. Blair easily defeated Constitution Party candidate Bernie DeCastro in November to become Dean's successor.

Blair, however, has a cloud of suspicion hanging over him as he prepares to take the helm on Jan. 8.

FDLE, based on a Crime Stoppers tip, has investigated him for possible illegal campaign finance activity.

That case has been turned over to prosecutors, and its resolution is still pending.

Blair has denied any direct involvement in the scandal that torpedoed Kuhn's candidacy. But he has admitted that he spoke with Melissa Cook and her husband, Wayne, about her liaisons with Kuhn a few weeks after the Republican primary election and that he referred them to a lawyer.

The Cooks, who regularly attended Blair's campaign events, eventually hired Holloman, a longtime friend of Blair's who also had represented Blair in a 1995 dispute with his ex-wife over child support.

Blair has maintained that he knew nothing but scuttlebutt about Kuhn's affair with Cook prior to the primary election.

And although he also publicly stated that, even though he is retired, he would still be obligated to report a crime, Blair told the Star-Banner in late October that he referred the Cooks to a lawyer instead of Sheriff Dean because its was not his "job" to discern if their allegations were "factual."

<p>Former Undersheriff Dan Kuhn will not be prosecuted for official misconduct in connection with the extramarital affair that crushed his chance to be Marion County's next sheriff.</p><p>State Attorney Bill Cervone in Alachua County released a letter on Friday saying he was declining to go after Kuhn for reportedly misusing Sheriff's Office resources and being on the clock while having sexual encounters with Melissa Cook, a former principal at a private school in Ocala.</p><p>Kuhn could not be reached for comment. He did not speak to investigators either.</p><p>Sheriff Ed Dean launched a two-pronged probe into Kuhn's activities after Charles Holloman, an Ocala lawyer representing Cook, filed a complaint that alleged Kuhn's trysts with her occurred while he was on duty and that he had transported her in county vehicles, or drove them to meet her.</p><p>Gov. Rick Scott appointed Cervone to handle the case after State Attorney Brad King in Marion County declared a conflict of interest.</p><p>In his letter, which was Cervone's response to Florida Department of Law Enforcement investigators, the prosecutor notes the inquiry uncovered "credible" evidence that Kuhn had engaged in sexual activity with Cook at "inappropriate" times and locations.</p><p>According to Cook's complaint, Kuhn's on-duty rendezvouses with Cook occurred within the Sheriff's Office headquarters complex, Kuhn's residence and the homes of fellow deputies, and a hotel in Jacksonville, to which Kuhn allegedly drove his official vehicle.</p><p>While no one "could reasonably condone that behavior," Cervone wrote, "I have determined that this inappropriate activity does not rise to the level of criminal conduct such as to warrant prosecution."</p><p>Cervone concludes that he could not muster the evidence, based on Kuhn's flexible work schedule and existing department policies, to prove he was compensated for work he did not perform.</p><p>Cervone added that the wear and tear on the county vehicle was minimal and was greatly outweighed by the cost of pursuing Kuhn for alleged misuse.</p><p>FDLE officials agreed with the decision to not pursue the case, according to Cervone's letter.</p><p>In a parallel inquiry conducted by the Sheriff's Office's Internal Affairs unit, Inspector Leo Smith found that allegations that Kuhn had violated department policies were substantiated.</p><p>Dean released Smith's report in conjunction with Cervone's letter.</p><p>Smith also determined that such violations could be assessed to Maj. David Sperring and Capt. Chip Wildy, as their failure to report the affair breached the code of conduct and hurt the reputation of the agency.</p><p>Dean suspended with pay Sperring, Wildy and a third deputy who was believed to have knowledge of the relationship, Robert Youmans.</p><p>Smith's investigation cleared Youmans; on Friday, Dean reinstated him to active duty.</p><p>"I'm happy that my name has been cleared in this matter and I'm looking forward to getting back to work," Youmans told the Star-Banner.</p><p>Dean said in his statement that Sperring and Wildy would remain on suspension until he had time to "thoroughly consider an appropriate response" to Smith's findings about their involvement in Kuhn's matter.</p><p>"In the meantime, however, I am willing to consider Major Sperring's and Captain Wildy's letters of resignation and early retirement in view of their length of service with the Sheriff's Office," Dean added.</p><p>Sperring and Wildy could not be reached for comment.</p><p>As for Kuhn, who resigned in early October, the sheriff said he would have tallied up whatever benefits might be due Kuhn and deduct any expenses that might be owed to the Sheriff's Office, including Smith's investigative costs.</p><p>Kuhn's alleged misdeeds came to light after Holloman produced for Dean an inch-think binder of statements and records outlining the times and places of Kuhn's meetings with Cook.</p><p>According to Smith's report, much of the internal investigation focused on the genesis of those documents.</p><p>Kuhn had won the Republican nomination for sheriff in August, taking 53 percent of the vote in the primary contest with Chris Blair, a 35-year veteran of the agency and the former head of its major crimes unit.</p><p>The revelation of the affair in early October drove Kuhn from the race. He also quit his post as the second-in-command at the Sheriff's Office.</p><p>Leaders of the county Republican Party subsequently selected Blair to replace Kuhn as the new GOP nominee. Blair easily defeated Constitution Party candidate Bernie DeCastro in November to become Dean's successor.</p><p>Blair, however, has a cloud of suspicion hanging over him as he prepares to take the helm on Jan. 8.</p><p>FDLE, based on a Crime Stoppers tip, has investigated him for possible illegal campaign finance activity.</p><p>That case has been turned over to prosecutors, and its resolution is still pending.</p><p>Blair has denied any direct involvement in the scandal that torpedoed Kuhn's candidacy. But he has admitted that he spoke with Melissa Cook and her husband, Wayne, about her liaisons with Kuhn a few weeks after the Republican primary election and that he referred them to a lawyer.</p><p>The Cooks, who regularly attended Blair's campaign events, eventually hired Holloman, a longtime friend of Blair's who also had represented Blair in a 1995 dispute with his ex-wife over child support.</p><p>Blair has maintained that he knew nothing but scuttlebutt about Kuhn's affair with Cook prior to the primary election.</p><p>And although he also publicly stated that, even though he is retired, he would still be obligated to report a crime, Blair told the Star-Banner in late October that he referred the Cooks to a lawyer instead of Sheriff Dean because its was not his "job" to discern if their allegations were "factual."</p><p><i>Staff writer Austin L. Miller contributed to this report. Contact Bill Thompson at 867-4117 or bill.thompson@starbanner.com</i></p>